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12.1 Investigating Complaints and Incidents Properly
"Take an unbiased, fact-based approach when investigating employee complaints."

A litigation explosion has occurred in the past 20 years. Employers face mounting legal exposure on many fronts from harassment to discrimination.

By investigating employee complaints properly, you can keep your employer out of court and help all parties reach a fast, fair resolution. As soon as you learn of a problem that merits investigation, speed and responsiveness are critical. Your prompt attention to the matter sends a message that you take the employee's complaint seriously. Putting off an investigation is viewed as negligence and apathy, even if you were just too busy at the time.

  1. When an employee complains about unfair treatment-whether it's favoritism or inappropriate conduct by a boss-your first instinct may be to ask, �Has the employee done anything about it aside from complain?� That's the wrong question. It's smarter to focus on what you must do to address the issue, because employees often feel constrained in terms of what actions they can take on their own.
  2. For example, employees may feel uncomfortable telling a boss to stop making sexually suggestive comments. That's may be why the employee lodges a complaint. At that point, federal and state laws require that you investigate the claim. Assuring the employee that �it was nothing� and �you should forget all about it� won't suffice-and it could weaken your employer's defense if litigation arises.
  3. A proper investigation consists of immediate fact-gathering. Assure the complainant that you will protect him or her from retaliation. You may want to partner with a human resources representative to help you interview those involved, and the human resources department may consult an attorney for advice on how to proceed.
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